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Please read this agreement (the
"Agreement") between yourself, the Community Profile
Network, Inc. and ShopCPN.comsm. carefully. By checking
"I have read and agree to the Terms and Condition.",
you are agreeing to be bound by the terms of this Agreement and
the license granted hereby. If you do not agree to the terms of
this license, you should exit from this page. You cannot make
use of any ShopCPN.comsm products or services without
agreeing to this Agreement and the terms and conditions hereof.
1. General
1.1. Subject to the
terms herein, ShopCPN.comsm offers to permit you
to make use of ShopCPN.comsm's website, storefronts
and mall which use consists of the following (collectively,
"ShopCPN.comsm"):
1.1.1. Storage of your
information on a server owned and maintained by CPN and ShopCPN.comsm;
1.1.2. Your use, direct
and indirect, of certain software proprietary to ShopCPN.comsm
or licensed by ShopCPN.comsm from third parties,
but only for the purpose of using the ShopCPN.comsm
site; and
1.1.3. Certain services
to be provided by ShopCPN.comsm such as maintaining
and backing-up the servers.
1.2. ShopCPN.comsm
shall, at its option, have the right at any time to terminate
this Agreement if you breach any of its terms or do anything
contrary to the laws and regulations by which the Community
Profile Network, Inc. and ShopCPN.comsm is bound.
2. License; Payment
of Fees
2.1. Subject to the
conditions herein, ShopCPN.comsm hereby grants you
a limited, non-transferable, non-exclusive license to store
and display information through ShopCPN.comsm.
2.2. Nothing in this
Agreement shall be understood to give you anything more than
a license to use ShopCPN.comsm. The Community Profile
Network, Inc. shall remain the sole owner of the software and
components that make up CPN and the ShopCPN.comsm
site. You shall not make copies, decompile or alter the software
or any other component of ShopCPN.comsm or the Stores
on the online site.
3. User IDs and
Passwords
3.1. You shall be solely
responsible for maintaining the security of your User ID and
passwords and for preventing their unauthorized use. Should
you become aware that any unauthorized person has obtained or
attempted access with your User ID or password, then you shall
immediately notify ShopCPN.comsm and change your
password.
3.2. The User ID shall
be used only by you and you shall not transfer or make the User
ID available to any third party. 3.3. Any comments or materials
sent to ShopCPN.comsm including feedback data, such
as questions, comments, suggestions or other communications
regarding the content of any such documents (collectively "Feedback"),
shall be deemed to be non-confidential. ShopCPN.comsm
shall have no obligation of any kind with respect to such Feedback
and shall be free to reproduce, use, disclose, exhibit, display,
transform, create derivative works and distribute the Feedback
to others without limitation. Further, ShopCPN.comsm
shall be free to use any ideas, concepts, know-how or techniques
contained in such Feedback for any purpose whatsoever, including
but not limited to, developing, manufacturing and marketing
products incorporating such Feedback.
4. User Information
and Content
4.1. You shall have
the sole responsibility for the preparation of the information
and data you store or display through ShopCPN.comsm.
The CPN and ShopCPN.comsm shall not be responsible
for any damages, fault or error in or arising from your information.
4.2. You agree and understand
that individuals who conduct transactions on the ShopCPN.comsm
site shall have the opportunity at the time of transaction to
accept or deny future communications with ShopCPN.comsm.
You understand and agree that those individuals who accept future
communication from ShopCPN.comsm enter into a relationship
with ShopCPN.comsm that is separate and unique from
their relationship with you. ShopCPN.comsm agrees
that those individuals may request at any time that ShopCPN.comsm
cease any further communication with them, at which time ShopCPN.comsm
agrees to comply with their request. ShopCPN.comsm
agrees that no contact shall be made with these individuals
on your behalf or in your name.
4.3. ShopCPN.comsm
shall have the right, in its sole and absolute discretion, to
refuse to allow you to utilize the ShopCPN.comsm
Site based upon the nature and content of the information which
you intend to store, transmit or sell through the ShopCPN site
and which ShopCPN.comsm determines to be obscene,
pornographic or defamatory in any respect. While ShopCPN.comsm
does not actively monitor the content of those merchants using
the ShopCPN.comsm site, ShopCPN.comsm
further reserves the right to terminate your rights hereunder
in the event it discovers at any time that you are storing,
transmitting or selling obscene, pornographic or defamatory
information.
5. Interruptions
of Service
5.1. You acknowledge
that the Internet and related networks may be subject to unscheduled
and unannounced outages and breakdowns, which may not be rectified
promptly. You assume full responsibility for backing up your
own information and data that you store or display through ShopCPN.comsm.
6. Limitation
of Liability
6.1. YOU UNDERSTAND
AND AGREE THAT ANY INFORMATION, MATERIAL AND/OR DATA OBTAINED
FROM ShopCPN.comsm OR ANY GOODS OR SERVICES OBTAINED
THROUGH ShopCPN.comsm IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
RESULTING FROM ANY DOWNLOAD OR OTHER TRANSACTION.
6.2. YOU AGREE THAT ShopCPN.comsm,
ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE ShopCPN.comsm
SITE OR FOR COST OR PROCUREMENT OR SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO,
THROUGH OR FROM THE ShopCPN.comsm SITE, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE ShopCPN
SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST OPPORTUNITY
OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
ShopCPN.comsm HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
YOU FURTHER AGREE THAT ShopCPN.comsm,
ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF
SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
YOU AGREE THAT ShopCPN.comsm
SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR ANYONE, FOR THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ShopCPN.comsm
SITE.
SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ShopCPN.comsm's
LIABILITY TO YOU OR ANY OTHER PARTIES IN ANY CIRCUMSTANCES IS
LIMITED TO $10 EACH. SOME STATES MAY NOT ALLOW THIS LIMITATION
OF LIABILITY, SO THESE LIMITS ON LIABILITY MAY NOT APPLY TO
YOU.
7. Negative Covenants
and Indemnification
7.1. You shall not obtain
or seek to obtain access or interfere with any programs, information
or data maintained by other users of the ShopCPN.comsm
site.
7.2. You shall not use
ShopCPN.comsm to transmit or store anything obscene,
offensive, or defamatory or for any other unlawful purpose.
7.3. You agree to indemnify
ShopCPN.comsm, its directors, officers, employees,
agents, representatives, shareholders and affiliates against
any loss, damage or liability (including legal costs on a full
indemnity basis) which may be sustained or incurred as a consequence
of your breach of or failure to comply with this Agreement,
whether the failure is attributable to yourself or to some other
person using your account with or without your permission.
8. Limited Warranty
8.1. THE ShopCPN.comsm
SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
8.2. Information on the
ShopCPN.comsm site may contain technical inaccuracies
or typographical errors. Information may be changed or updated
without notice. ShopCPN.comsm may also make improvements
and/or changes in the products and/or the programs described
in this information at any time without notice.
8.3. ShopCPN.comsm
makes no representations or warranties whatsoever about any
other content which you may access through the ShopCPN.comsm
site. When you access a merchant's storefront or a non-ShopCPN.comsm
website, please understand that it is independent from ShopCPN.comsm,
and that ShopCPN.comsm has no control over the content
on that storefront or website. In addition, a link to a merchant's
storefront or a non-ShopCPN.comsm website does not
mean that ShopCPN.comsm endorses or accepts any responsibility
for the content, or the use, of such web site. It is up to you
to take precautions to ensure that whatever you select for your
use is free of such items and viruses, worms, trojan horses
and other items of a destructive nature.
8.4. CPN and ShopCPN.comsm
does not represent or endorse the accuracy or reliability of
any of the information, content or advertisements (collectively,
the "Materials") contained on, distributed through,
or linked, downloaded or accessed from any of the services contained
on the ShopCPN.comsm site (the "Service"),
nor the quality of any products, information or other materials
displayed, purchased, or obtained by you as a result of any
advertisement or any other information or offer in or in connection
with the Service (the "Products"). You hereby acknowledge
that any reliance upon any Materials shall be at your sole risk.
9. Encryption
9.1. CPN and ShopCPN.comsm
assumes no responsibility for any encrypted data that is sent
to, stored on or retrieved from the ShopCPN.comsm
site. The technology used to encrypt data being transmitted
to or from CPN and ShopCPN.comsm's server is licensed
by CPN and ShopCPN.comsm and CPN and ShopCPN.comsm
makes no representations, claims or warranties regarding the
viability, integrity or robustness of the encryption used. Further,
CPN and ShopCPN.comsm shall not be responsible for
the success or failure of the server to properly encrypt data.
By using the CPN and ShopCPN.comsm server, you assume
the risk that the encryption algorithm may be broken so that
the data being transmitted is visible to others.
10. Miscellaneous
10.1. The CPN and ShopCPN.comsm
site (excluding linked sites) is controlled by CPN and ShopCPN.comsm
from its offices within the State of Illinois, United States
of America. It can be accessed from all 50 states, as well as
from other countries around the world. As each of these places
has laws that may differ from those of Illinois, by accessing
this web site, both you and CPN and ShopCPN.comsm
agree that the statutes and laws of the state of Illinois, without
regard to the conflicts of laws principles thereof, will apply
to all matters relating to this Agreement and the use of the
ShopCPN.comsm site.
You and ShopCPN also agree
and hereby submit to the exclusive personal jurisdiction and
venue of the Superior Court of DuPage County and the United
States District Court for the state of Illinois with respect
to all matters relating to this Agreement and the use of the
ShopCPN.comsm site. ShopCPN.comsm makes
no representation that materials on the ShopCPN.comsm
site are appropriate or available for use in other locations,
and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access the ShopCPN.comsm
site from other locations do so on their own initiative and
are responsible for compliance with local laws.
10.2. The Agreement sets
forth the entire agreement of the parties and the terms hereof
shall control notwithstanding any variance with this Agreement
of any order submitted by you.
10.3. Price and availability
information is subject to change without notice. In an effort
to provide our customers with the most current information,
ShopCPN.comsm will, from time to time, make changes
in the contents and in the products or services described on
the ShopCPN.comsm site.
10.4. The prices advertised
on the ShopCPN.comsm site are for Internet orders,
unless otherwise noted. Prices on some items may differ from
those charged at other sites or locations. Prices and the availability
of items are subject to change without notice. Any "list
prices" used on the ShopCPN.comsm site are the
manufacturers' suggested retail prices and may not be indicative
of the actual selling prices in your area.
Any reference to "savings"
used on the ShopCPN.comsm site indicates the average
savings off the "list price." Your actual savings
will vary depending upon the goods purchased and the date of
the transaction.
We reserve the right to prohibit
sales to re-sellers. We are not responsible for typographical
or photographic errors.
10.5. CPN and ShopCPN.comsm
may revise these terms and conditions of use by updating this
posting at any time. By using the ShopCPN.comsm site,
you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then current terms
and conditions of use to which you are bound. You agree that,
in the event any portion of these ShopCPN.comsm site
terms and conditions of use are found to be unenforceable, the
remainder of the ShopCPN.comsm site terms and conditions
shall remain in full force and effect.
10.6. ShopCPN.comsm
does not screen, review or control the listings and items being
offered to users in the various storefronts, nor does it screen,
review or control any of the merchants or other people who utilize
ShopCPN.comsm (each, a "Merchant"). ShopCPN.comsm
does not have any involvement in the completion of your transaction,
including but not limited to, any refunds or warranties offered.
When you use ShopCPN.comsm, you and the Merchant
are completely responsible for working out the sale and exchange.
ShopCPN.comsm does not have authority to act for
either you or a Merchant.
10.7. Because ShopCPN.comsm
is not involved in the transactions between you and Merchants,
you hereby release CPN and ShopCPN.comsm, our directors,
officers, employees, representatives, agents, shareholders and
affiliates from any and all claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of, or in any way connected with, listings, uncompleted
or completed transactions or items offered or actually sold.
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